Disposed

Shamnad N v. the Corporation of Thrissur through Secretary

Kerala HC12 Mar 2024WP(C)/8349/2024

Case brief

AI extract

What is this about?

Five street vendors challenged an eviction order, claiming no comprehensive survey was conducted under the Street Vendors Act. The Court disposed of the writ petition, directing petitioners to raise grievances with the Grievance Redressal Committee under Section 20 of the Act within two weeks, pending which coercive actions will be deferred.

What did the court decide?

Petition disposed permitting grievances before Grievance Redressal Committee within 2 weeks; coercive proceedings deferred.

Shamnad N Vs the Corporation of Thrissur through… — Service and Employment | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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TUESDAY, THE 12TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945

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WP(C) NO. 8349 OF 2024

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PETITIONERS:

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1 SHAMNAD N

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AGED 37 YEARS
R/O POTTAVILA PUTHENVEED
KALATHODU P.O KRISHNAPURAM
THRISSUR, PIN - 680655

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2 BINU P.P AGED 43 YEARS R/O PARASSERY HOUSE, KUTTIKKAD P.O, CHALAKUDY, THRISSUR, PIN - 680724

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3 SHABEER N AGED 37 YEARS

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R/O POTTAVILA, PUTHENVEED, KALATHODU P.O,
KRISHNAPURAM, THRISSUR, PIN - 680655

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4GOPALAKRISHNAN P
AGED 71 YEARS
RESIDENT OF PALAKKAL HOUSE
M.G NAGAR FOURTH SREET HOUSE NO 131,
WARD 2 POONKUNNAM, THRISSUR, PIN - 680002

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5SIBI JOSEPH
AGED 49 YEARS
IDAVAZHIKKAL HOUSE MAMMATTIKKAANAM P.O,
HOUSE NO. 123, VASANTHA VIHAR COLONY
UNITY ROAD KURIYACHIRA, THRISSUR, PIN – 680501

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BY ADVS.
P.V.VINOD (BENGALAM)
D.REETHA
SHIYAS K.R.

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WP(C) No.8349 of 2024

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RESPONDENTS:

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1 THE CORPORATION OF THRISSUR THROUGH SECRETARY MUNICIPAL OFFICE ROAD, THRISSUR, PIN - 680001

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2 THE STATE OF KERALA THROUGH THE CHIEF SECRETARY ROOM NO.202, NORTH SANDWICH BLOCK, SECRETARIAT, TRIVANDRUM, PIN – 695001

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BY ADV SANTHOSH P.PODUVAL
SRI.S. GOPINATHAN, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.8349 of 2024

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JUDGMENT

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Dated this the 12^th day of March, 2024

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The petitioners, who are five in number, are street vendors in Thrissur Municipal Corporation. The petitioners state that they have been engaged in selling second-hand books in the streets of Thrissur city, mainly on Palace Road, for more than 30 years.

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The petitioners are challenging Ext.P6 and seek to restrain the 1^st respondent-Corporation from taking any action on eviction of the petitioners from the place of their vending under Ext.P6 order. According to the petitioners, the respondents are bound to conduct a survey of the entire Corporation area before taking any coercive action against the street vendors. The petitioners would assert that no comprehensive survey has been conducted as mandated by

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Section 3 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

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WP(C) No.8349 of 2024

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Standing Counsel entered appearance on behalf of

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the respondents and resisted the writ petition. The Standing Counsel submitted that the Corporation has conducted a survey of street vending and has come out with a voters list, in which the names of petitioners 2 to 5 have already been included. Therefore, the ground urged by the petitioners that there is no comprehensive survey cannot stand the scrutiny of law.

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Be that as it may, I find that the petitioners would fall within the definition of street vendor as contained in Section 2 of the Act, 2014. Section 20 of the Act, 2014 provides that appropriate Government may constitute one or more committees consisting of a Chairperson, who has been a Civil Judge or a Judicial Magistrate and two other professionals having such experience as may be prescribed for the purpose of designing the applications received under Sub-section (2). Sub-section (2) of Section 20 provides that every street vendor who has a grievance or dispute may make an application in writing to the committee constituted under Sub-section (1) in

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WP(C) No.8349 of 2024

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such form and in such manner as may be prescribed. The Standing Counsel would submit that a Committee has been formed in the Thrissur Municipal Corporation as contemplated under Section 20 of the Act, 2014. In that view of the matter, it would be only appropriate for the petitioners to approach the said Committee for redressal of grievances, if any, subsisting.

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The writ petition is therefore disposed of permitting the petitioners to raise their grievances before the Grievance Redressal Committee constituted under Section 20 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. If the petitioners raise their grievances within a period of two weeks from today, coercive proceedings, if any, against the petitioners shall stand deferred till the Grievance Redressal Committee takes appropriate decision in the matter.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) No.8349 of 2024

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APPENDIX OF WP(C) 8349/2024

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PETITIONER EXHIBITS

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`Exhibit P-1`	`THE` `THE`	`TRUE` `PETITI`	`COPY OF THE AADHAAR CARD OF` `ONER 1`
`Exhibit P-2`	`THE` `THE`	`TRUE` `PETITI`	`COPY OF THE AADHAAR CARD OF` `ONER 2`
`Exhibit P-3`	`THE` `THE`	`TRUE` `PETITI`	`COPY OF THE AADHAAR CARD OF` `ONER 3`
`Exhibit P-4`	`THE` `THE`	`TRUE` `PETITI`	`COPY OF THE AADHAAR CARD OF` `ONER 4`
`Exhibit P-5`	`THE` `THE`	`TRUE` `PETITI`	`COPY OF THE AADHAAR CARD OF` `ONER 5`
`Exhibit P-6`	`THE` `NUMB` `17.0`	`TRUE C` `ERED` `2.2024`	`OPY OF THE OFFICE ORDER VIDE` `PH9/R13/41541/12,` `DATED`
`Exhibit P-7`	`THE` `SUBM`	`TRUE` `ITTED`	`COPY OF THE REPRESENTATION` `BY THE PETITIONER`
`Exhibit P-8`	`THE` `ACKN` `PETI`	`RES` `OWLEDG` `TIONER`	`PONDENT` `HAD` `ISSUED` `AN` `EMENT` `RECEIPT` `TO` `THE`
`Exhibit P-9`	`THE` `(PRO` `REGU`	`TRUE` `TECTIO` `LATION`	`COPY OF THE STREET VENDORS` `N` `OF` `LIVELIHOOD` `AND` `OF STREET VENDING) ACT, 2014`
`Exhibit P-10`	`THE` `VEND` `REGU` `LICE`	`TRUE` `ORS` `LATION` `NSING)`	`COPY OF THE KERALA STREET` `(PROTECTION OF LIVELIHOOD,` `OF STREET VENDING AND` `SCHEME, 2019`
`Exhibit P-11`	`THE` `05.0` `COLL`	`TRUE` `3.2015` `ECTOR,`	`COPY OF THE JUDGMENT DATED` `IN THANKAPPAN V THE DISTRICT` `WP (C ) NO.33114 OF 2014`
`Exhibit P-12`	`THE` `COMM`	`TRUE` `ITTEE`	`COPY OF THE TOWN VENDING` `VOTERS LIST 2022`
`Exhibit P-13`	`THE` `09.0` `UNIO`	`TRUE` `9.2013` `N V.`	`COPY OF THE JUDGMENT DATED` `IN MAHARASHTRA EKTA HAWKERS` `MUNICIPAL CORPN., GREATER`
	`MUMB` `ONLI`	`AI, (` `NE SC`	`2014) 1 SCC 490: 2013 SCC` `815`

Shamnad N v. the Corporation of Thrissur through Secretary

Case brief

What is this about?

What did the court decide?

Shamnad N v. the Corporation of Thrissur through Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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